Shivaji S/O Keshav Gadhave v. The State Of Maharashtra Thr Dist. Collector, Nanded

1 925-4618-2020ca

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 925 CIVIL APPLICATION NO.4618 OF 2020 IN FAST/7175/2020 VENKATESH EKNATH BHINGOLIKAR THE STATE OF MAHARASHTRA AND ORS 926 CIVIL APPLICATION NO.77 OF 2021 IN FAST/22858/2020 VENKAT S/O BAPURAO TIPRALE THE STATE OF MAHARASHTRA THROUGH DISTRICT COLLECTOR, NANDED AND OTHERS Mr S.P. Deshmukh, A.G.P. for respondent nos.1 and 2 933 CIVIL APPLICATION NO.12183 OF 2021 IN FAST/23097/2020 RAJESH KERBA SONKAMBLE THE STATE OF MAHARASHTRA THR DISTRICT COLLECTOR, NANDED AND ORS Mr S.P. Deshmukh, A.G.P. for respondent nos.1 and 2 934 CIVIL APPLICATION NO.12185 OF 2021 IN FAST/5432/2020 SUBHASH GUNDERAO GADHAVE THR G.P.A HOLDER GANGABAI SUBHASH GADHAVE THE STATE OF MAHARASHTRA AND ORS 935 CIVIL APPLICATION NO.12186 OF 2021 IN FAST/23280/2020 BAPURAO S/O MAROTI GAIKWAD

2 925-4618-2020ca THE STATE OF MAHARASHTRA THR DIST. COLLECTOR, NANDED AND ORS Mr S.P. Deshmukh, A.G.P. for respondent nos.1 and 2 936 CIVIL APPLICATION NO.12187 OF 2021 IN FAST/23128/2020 DAMODAR S/O GUNWANT GADHAVE AND ANOTHER THE STATE OF MAHARASHTRA ANDTHR DIST. COLLECTOR, NANDED AND ORS Mr S.G. Sangle, A.G.P. for respondent nos.1 and 2 937 CIVIL APPLICATION NO.12188 OF 2021 IN FAST/19334/2020 VIDYAVATI VIJAYKUMAR JADHAV AND ORS THE STATE OF MAHARASHTRA AND ORS 938 CIVIL APPLICATION NO.12189 OF 2021 IN FAST/26534/2020 HANUMANT S/O GYANOBA JADHAV THE STATE OF MAHARASHTRA THROUGH DISTRICT COLLECTOR, NANDED AND OTHERS Mr S.P. Deshmukh, A.G.P. for respondent nos.1 and 2 939 CIVIL APPLICATION NO.12194 OF 2021 IN FAST/23271/2020 SHIVAJI S/O KESHAV GADHAVE THE STATE OF MAHARASHTRA THR DIST. COLLECTOR, NANDED Mr S.G. Sangle, A.G.P. for respondent nos.1 and 2

3 925-4618-2020ca 940 CIVIL APPLICATION NO.12195 OF 2021 IN FAST/19344/2020 VITHAL MADHAVRAO PATIL AND ORS THE STATE OF MAHARASHTRAAND THR DIST. COLLECTOR, NANDED ORS CORAM : SHRIKANT D. KULKARNI, J.

DATE : 1st March, 2022 PER COURT :

1.

These are the applications for condonation of delay moved by the original claimants.

2.

Heard Mr U.B. Bilolikar, learned Advocate for applicants/original claimants and learned A.G.P.s for respondents no.1 and 2 in respective applications. Respondent no.3 though duly served, none present for respondent no.3. Respondent no.3 was also absent on the previous date and last chance was granted to respondent no.3 to work out these applications. Even then respondent no.3 remained absent today.

3.

In all these applications for condonation of delay, the delay ranges between 143 days to 218 days. In Civil Application no.12194 of 2021, there is delay of 1582 days. Learned A.G.P.s opposed to condone the delay. 4.

Mr Bilolikar, learned Advocate for the applicants relied upon the citation in case of Dhiraj Singh (D) Tr. Vs. Haryana State, reported in MANU/SC/0778/2014 and urged to condone the delay.

4 925-4618-2020ca 5.

Having regard to the ratio laid down in case of Dhiraj Singh (D) Tr. Vs. Haryana State (supra), though there is huge delay in filing the appeal, it needs to be condoned, as it is a case of payment of compensation arising out of compulsory land acquisition. In the matter of land acquisition, a different yardstick needs to be applied while condoning the delay. Equities can be balanced by denying the appellants interest for the period for which he did not approach the Court. However, the substantive rights of the appellants should not be allowed to be defeated on technical grounds by taking hyper technical view of self-imposed limitations. 6.

Having regard to the guidelines laid down by the Honourable Supreme Court in case of Dhiraj Singh (D) Tr. Vs. Haryana State (supra), it is necessary to allow this application.

ORDER

(i) The Civil Applications are allowed in terms of prayer clause (B). (ii) The applicants/original claimants shall furnish undertaking with the Registrar (Judicial) of this Court stating that they would not claim the statutory benefits and interest in respect of delayed period, which is condoned today. (iii) After furnishing such undertaking, the Registry to make scrutiny of the appeals as per procedure and thereafter, it be numbered and placed before the Court for admission.

(iv) The Civil Applications are disposed of accordingly. ( SHRIKANT D. KULKARNI, J.) vvr